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damage liability ?

tberry6686
tberry6686 Posts: 1,135 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 28 April 2015 at 4:32PM in House buying, renting & selling
MIL has moved out of a housing assoc flat after living there for 11 years. Housing assoc inspector has been round and determined that the flat needs repainted and an interior door replaced due to a scratch, his next comment was that MIL would recieve a bill for the full cost or redecoration and the door (including fitting). Do we have to pay for full redecoration (nothing wrong with it before, just tired) and for replacing a perfectly servicable door due to a scratch ?

Flat is in Scotland if that makes any difference.

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Not a hope in hell would it stand up. Fair wear and tear after 11 years says it was due decorating anyway...
  • audigex
    audigex Posts: 557 Forumite
    Yeah no chance whatsoever: any "reasonable person" would expect a house to be decorated after an 11 year residency. And that "reasonable person" is the test which will be applied by the arbiter, court etc (I'm not sure who would make the judgement)
    "You did not pull yourself up by your bootstraps. You were lucky enough to come of age at a time when housing was cheap, welfare was generous, and inflation was high enough to wipe out any debts you acquired. I’m pleased for you, but please stop being so unbearably smug about it."
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Housing Association tenants in Scotland are responsible for internal decoration.

    See here:

    http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/council_housing_association_and_housing_co-op_tenancies/your_responsibilities_as_a_scottish_secure_or_short_scottish_secure_tenant

    Is the mark on the door a light scratch or more like a 'groove'? If the tenant caused the damage then they would be responsible.
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I haven't seen the scratch myself yet (will do tonight) but that was the inspectors wording of it and if it is just a scratch then how on earth would it need a new door ?

    She was not allowed to change the decor at all during her tenancy so I don't see how she can be charged for repainting the place but I could be wrong.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    No matter how big a scratch, it can be easily and quickly filled before re-painting.

    If it's a substantial gouge, that might be different, but...
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Saw the scratch tonight and it is a very light scratch - barely any depth to it at all, unless you are looking for it you would have difficulty noticing it. No way will we be paying for a new door for that.
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